Court No. - 6
Case :- WRIT - A No. - 7920 of 2020 Petitioner :- Anup Kumar Yadav And 16 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Prabhakar Awasthi,Priyanka Devi Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Pankaj Bhatia,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the petitioners, learned Standing Counsel for State and Sri Rishi Upadhyay, learned counsel for respondent no.2.
The present petition has been filed with the following prayer:-
"Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to forthwith extend last date of submission of form from 05.10.2020 to 20.10.2020 or beyond that taking into consideration the extraordinary circumstances which came into existence on account of Covit-19 and in case if need so arises by way of reasoned speaking order on the request of petitioners dated 09.09.2020."
The contention of counsel for the petitioners is that the Public Service Commission issued an Advertisement No.1/2020-21 on 05.09.2020 for the post of Medical Officer in Veterinary Doctors.
The eligibility prescribed under the said advertisement was that the candidates should possess the degree in B.V.S.C. and A.H.
Admittedly, the petitioner did not possess the said degree as on the date prescribed as last date for filing the application.
The case of the petitioners is that the degree was to be awarded to the petitioners after completion of their internship which were scheduled from 01.07.2020 to 09.07.2020. However, on account of pandemic the dates were extended and as such the petitioners could not complete the internship before the time prescribed as the last date and thus they were deprived of being considered for appointment.
It is argued that in normal circumstances, the law is very settled that the persons desirous of appointment should possess the prescribed qualification on the date of filing of application, however, the situation on account of pandemic cannot be termed as a normal situation and thus, the present writ petition has been filed.
I am afraid that this question is well settled that the persons desirous of being considered should possess the requisite prescribed qualification on the date of the application, thus, no case for interference is made out in the present proceedings. However, the petitioners may approach the State Government for redressal of their grievances, if so advised.
If the petitioners approach the State Government, their grievances shall be considered in the light of the Covid situation.
Order Date :- 30.7.2021 Atul